The appellant was involved in a motor vehicle accident and gave two blood samples.
He was later charged with impaired driving and served with a Certificate of Analyst, but was not notified of the existence of the second blood sample until the day before trial.
The trial judge excluded the certificate evidence and acquitted the appellant.
The Court of Appeal ordered a new trial.
The Supreme Court of Canada allowed the appeal and restored the acquittals, holding that for the Crown to rely on the statutory presumption of blood alcohol concentration, it must disclose the existence of the second sample to the accused within the three-month period during which the accused can request its release.
